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Scotland PCN: PDT failure?

edited 31 July 2019 at 2:07PM in Parking tickets, fines & parking
6 replies 356 views
ConchConch Forumite
4 Posts
edited 31 July 2019 at 2:07PM in Parking tickets, fines & parking
Hello, I've read through the newbies FAQ but there seem few specifics about Scottish PCN (perhaps for good reason) so just looking to get some confidence.

Back in April I received a PCN from Civil Enforcement Ltd after my car was parked at a private car park in a town on the outskirts of Edinburgh - the driver was aware of the £2 charge for using the car park whilst not visiting the restaurant who own it and happily entered the VRN, paid the £2 in cash and displayed the ticket in the window.

1 week later, as keeper, I received the PCN stating non compliance and capture by ANPR etc. By this time the display ticket had been binned!

As keeper, I tried to phone the restaurant shortly after the initial PCN but couldn't get through - I appreciate I should have made contact in writing. I have subsequently visited in person and they're not interested in helping.

I read the FAQ and have ignored the PCN, their follow-up and 4 subsequent DRP letters.

I'm a born worrier so obviously as time progresses I start to worry more about the court process. At the same time I try to reassure myself that the driver is not identified and they'll likely give up as they can't chase me as keeper?

If it did go further - what grounds are there given the charge was actually paid but as keeper I have no evidence to that effect? I assume there's a misread on their PDT machine but what if it shows nothing?! There was only 1 other car in the car park and I don't believe any others used it in the time the car was parked there!

I appreciate any help/confidence as well as time taken to read!

Thanks,
Conch

Replies

  • FruitcakeFruitcake Forumite
    55.6K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Having determined that the driver should not be identified, you should edit your post to remove information about who did what.

    Only ever refer to The Driver and The Keeper, who are two different people. ;)

    Keep ignoring. The keeper cannot be held liable in Scotland. The chances of a court case in Scotland against a keeper for a single alleged parking event are in the Flying Pigs area.

    Multiple tickets, maybe, England or Wales, very likely, but court papers from a Scottish Court are very, very, very, very unlikely, so stop worrying about what happens if they do try it.

    Come back here if that happens.

    Get pics of the site and signage asap as a precaution, then file everything and forget for the next five years.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • ConchConch Forumite
    4 Posts
    Fruitcake wrote: »
    Having determined that the driver should not be identified, you should edit your post to remove information about who did what.
    Ha, thanks - yeah I thought I'd been vague enough but decided an edit was due while you were replying! Hopefully better now in any case.

    Thanks for the reassurance. I'd started to think an appeal should've made given the legitimate circumstances but I'm more comfortable once again
  • QuentinQuentin Forumite
    40.4K Posts
    You missed the very specific advice for Scotland in the FAQ (and the fact that the general advice starts by saying "for England and Wales only!)"
  • ConchConch Forumite
    4 Posts
    Quentin wrote: »
    You missed the very specific advice for Scotland in the FAQ (and the fact that the general advice starts by saying "for England and Wales only!)"
    I didn't miss it. In fact I followed it closely.

    My query went a little further though in questioning the grounds given the legitimate parking but lack of evidence. Fortunately Fruitcake's reassurance gives me confidence that will, more than likely, be moot anyway.
  • edited 31 July 2019 at 3:49PM
    QuentinQuentin Forumite
    40.4K Posts
    edited 31 July 2019 at 3:49PM
    Conch wrote: »
    I didn't miss it. In fact I followed it closely.

    My response that you apparently don't like came as a result of your comment and also answered the question you posed (complete with interrogation point).
    Conch wrote: »
    Hello, I've read through the newbies FAQ but there seem few specifics about Scottish PCN (perhaps for good reason) so just looking to get some confidence. .......


    I'm a born worrier so obviously as time progresses I start to worry more about the court process. At the same time I try to reassure myself that the driver is not identified and they'll likely give up as they can't chase me as keeper?.....
  • ConchConch Forumite
    4 Posts
    @Quentin, I had no dislike for your response, apologies if my tone made you infer otherwise. I've been a moderator on a large forum, I'm quite au fait with a rtfm reply! ;)

    I did feel my query regarding the ticket, pdt etc was legitimate and beyond the text in the newbies thread though despite it perhaps being rendered moot by driver vs keeper nuance.
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